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-- right now when a rather big stories today opening statements under way in the Drew Peterson murder trial of former cop -- long suspected in the disappearance of his fourth wife Stacy.
Is now on trial for murdering wife number three Kathleen -- -- her 2004 death initially ruled an accident that the case was reopened.
After Stacy vanished under some mysterious circumstances -- here we are finally after years -- year's -- one of the trap.
These -- Fox News legal analyst joins us and Doug burns criminal defense attorney despite all those years.
And all the talk over this case -- is still being described and -- theory close call as to what will come out of it right why.
Because it's a circumstantial case in meaning you don't have -- -- that sought you don't have.
Bloody footprints or or fingerprints or anything like that you have a woman who ends up dead.
In a bathtub without any water you have -- investigation that was close shall we say for.
Strange for reasons within an hour and called it accident then we have another -- -- -- missing after that we've all these things and that's a prosecutor does Jenna.
A prosecutor puts up and says.
Brick right -- a little by little mortar you know we'll put -- altogether for you to juror and then you can get it at the end but there's not going to be one smoking gun that's like to close case.
And the public does know about some of these questionable circumstances for example.
It's been reported that Stacy went -- pastor that's the fourth wife talking about -- has been all -- home in black clothing and you know being worried herself that she told that to somebody.
And to the big question Dag is again back to hearsay in this case is something like that admissible and and if you -- it if it it shouldn't be allowed.
That's a really good point you made because this case is a classic textbook case that you -- in law school.
About focusing on only what's admissible in court and making sure that the jurors aren't focusing on really the overall circumstances of the case that's pending the defense -- worried about they do because the point is they're trying to tap dance how about how they're gonna are far.
To the fourth wife who went missing and they never found her by saying.
Unassailable can no longer available which gets around -- -- role because for hearsay if the person that you want to put on the stand is unavailable because.
When they might be dead but -- point was women.
Don't the jurors now a little bit more -- doesn't actually help the prosecution does have the strategy absolutely but the other point is you have to take sort of the dislike ability factor -- -- -- right.
And I'm not asking popular guy in the country I think they're using -- -- -- completely change his appearance right and they lost some weight is now and then mustache is now gone and and it's been years right.
And I did that help every defense lawyer tries to clean up.
The defendant right I don't know I don't want to be left of what -- -- pleading insanity defense -- and then you.
That they let all go but I'm not listening right -- -- -- -- -- you know coming in there within -- Chris.
We'll hear me on the screen according to the sketchy -- All the -- and knocked it that is part of the battle in this case right and it not only does this here's the evidence but they had to find this jury to become a long time I see these people.
And so if there's a problem in the case police for whatever reason a by the -- makes mistake it could be the start all over again.
-- red amber but I've liked about the prosecution their opening today's -- said.
At the end up the story at the end of all of this evidence use your common sense in other words -- to the jury.
Don't look at how we've looks now don't look at all and any of that don't think about electability factors are talking -- -- -- temperature of the don't do any of that just look at the evidence we're gonna present to you yes it may be circumstantial but it's good -- -- Nancy that strategies is layers is -- The prosecutor is being described as monotone to sort of sort boring but you felt that I -- -- now the defense attorney the defense team a completely different.
Group won't colorful looking -- the defense attorney actually and a radio show with Scott Peterson -- and said he's -- did you have a contest of who should date Scott.
You have the two supporting council where Scott started for -- -- and it might Peterson's -- that.
Yes who are much you have in -- -- -- council also.
That are part of drew Peterson's.
Defense date their wife and has -- team and they tend to match their clothing every day as they -- it's important that sort of thing you've exceeded my screen except they kind of look like they can be going to dance together so.
Dis is lawyers is an -- This strategy the boring guy against this really the cattle -- -- and how it should be prosecutors have a whole different ethical standard they really do and I don't mean any disrespect to that that defense colors but.
They are not serious it's a different and very nice they're probably -- -- very different ethical standard defense lawyers are there you do anything you -- to get off the person within.
We brought -- of ethical battle including rod -- I think.
Is that right in the standard is the prosecutors and more -- yeah it's serious yes and the defense is a little more flamboyant you know that's how they're handicapping this going into any effects and a jury to worry about 10% I'm not sure we I don't think that people would jurors look at a prosecuted they do not want to see them flamboyant they wanna see.
I'm right you're -- and the facts that's it that's all not trying to sugar -- or doing anything else.
I never thought about -- and buoyant and maybe a little I can't download different way Kennedy's name of the fence sitting next to me with a real whites are.
You could well -- America dollar and weekend and if these they -- very nice -- is not lots in this case and certainly talking a lot about it next to -- --
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